
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6292]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6292. Coverage


(a) In general

    The following consumer products, excluding those consumer products 
designed solely for use in recreational vehicles and other mobile 
equipment, are covered products:
        (1) Refrigerators, refrigerator-freezers, and freezers which can 
    be operated by alternating current electricity, excluding--
            (A) any type designed to be used without doors; and
            (B) any type which does not include a compressor and 
        condenser unit as an integral part of the cabinet assembly.

        (2) Room air conditioners.
        (3) Central air conditioners and central air conditioning heat 
    pumps.
        (4) Water heaters.
        (5) Furnaces.
        (6) Dishwashers.
        (7) Clothes washers.
        (8) Clothes dryers.
        (9) Direct heating equipment.
        (10) Kitchen ranges and ovens.
        (11) Pool heaters.
        (12) Television sets.
        (13) Fluorescent lamp ballasts.
        (14) General service fluorescent lamps and incandescent 
    reflector lamps.
        (15) Showerheads, except safety shower showerheads.
        (16) Faucets.
        (17) Water closets.
        (18) Urinals.
        (19) Any other type of consumer product which the Secretary 
    classifies as a covered product under subsection (b) of this 
    section.

(b) Special classification of consumer product

    (1) The Secretary may classify a type of consumer product as a 
covered product if he determines that--
        (A) classifying products of such type as covered products is 
    necessary or appropriate to carry out the purposes of this chapter, 
    and
        (B) average annual per-household energy use by products of such 
    type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) 
    per year.

    (2) For purposes of this subsection:
        (A) The term ``average annual per-household energy use with 
    respect to a type of product'' means the estimated aggregate annual 
    energy use (in kilowatt-hours or the Btu equivalent) of consumer 
    products of such type which are used by households in the United 
    States, divided by the number of such households which use products 
    of such type.
        (B) The Btu equivalent of one kilowatt-hour is 3,412 British 
    thermal units.
        (C) The term ``household'' shall be defined under rules of the 
    Secretary.

(Pub. L. 94-163, title III, Sec. 322, Dec. 22, 1975, 89 Stat. 918; Pub. 
L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. 
L. 100-12, Secs. 3, 11(b)(1), Mar. 17, 1987, 101 Stat. 105, 125; Pub. L. 
100-357, Sec. 2(b), June 28, 1988, 102 Stat. 672; Pub. L. 102-486, title 
I, Sec. 123(c), Oct. 24, 1992, 106 Stat. 2821; Pub. L. 105-388, 
Sec. 5(a)(3), Nov. 13, 1998, 112 Stat. 3478.)

                       References in Text

    This chapter, referred to in subsec. (b)(1)(A), was in the original 
``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as 
amended, known as the Energy Policy and Conservation Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6201 of this title and Tables.


                               Amendments

    1998--Subsec. (b)(2)(A). Pub. L. 105-388 inserted closing quotation 
marks after ``type of product''.
    1992--Subsec. (a)(14) to (19). Pub. L. 102-486 added pars. (14) to 
(18) and redesignated former par. (14) as (19).
    1988--Subsec. (a)(13), (14). Pub. L. 100-357 added par. (13) and 
redesignated former par. (13) as (14).
    1987--Subsec. (a). Pub. L. 100-12, Sec. 3, inserted heading and 
amended text generally. Prior to amendment, text read as follows: ``A 
consumer product is a covered product if it is one of the following 
types (or is designed to perform a function which is the principal 
function of any of the following types):
        ``(1) Refrigerators and refrigerator-freezers.
        ``(2) Freezers.
        ``(3) Dishwashers.
        ``(4) Clothes dryers.
        ``(5) Water heaters.
        ``(6) Room air conditioners.
        ``(7) Home heating equipment, not including furnaces.
        ``(8) Television sets.
        ``(9) Kitchen ranges and ovens.
        ``(10) Clothes washers.
        ``(11) Humidifiers and dehumidifiers.
        ``(12) Central aid conditioners.
        ``(13) Furnaces.
        ``(14) Any other type of consumer product which the Secretary 
    classifies as a covered product under subsection (b) of this 
    section.''
    Subsec. (b). Pub. L. 100-12, Sec. 11(b)(1), inserted heading.
    1978--Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95-619 substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, wherever appearing.


        Energy Efficiency Labeling for Windows and Window Systems

    Section 121 of Pub. L. 102-486 provided that:
    ``(a) In General.--(1) The Secretary shall, after consulting with 
the National Fenestration Rating Council, industry representatives, and 
other appropriate organizations, provide financial assistance to support 
a voluntary national window rating program that will develop energy 
ratings and labels for windows and window systems.
    ``(2) Such rating program shall include--
        ``(A) specifications for testing procedures and labels that will 
    enable window buyers to make more informed purchasing decisions 
    about the energy efficiency of windows and window systems; and
        ``(B) information (which may be disseminated through catalogs, 
    trade publications, labels, or other mechanisms) that will allow 
    window buyers to assess the energy consumption and potential cost 
    savings of alternative window products.
    ``(3) Such rating program shall be developed by the National 
Fenestration Rating Council according to commonly accepted procedures 
for the development of national testing procedures and labeling 
programs.
    ``(b) Monitoring.--The Secretary shall monitor and evaluate the 
efforts of the National Fenestration Rating Council and, not later than 
one year after the date of the enactment of this Act [Oct. 24, 1992], 
make a determination as to whether the program developed by the Council 
is consistent with the objectives of subsection (a).
    ``(c) Alternative System.--(1) If the Secretary makes a 
determination under subsection (b) that a voluntary national window 
rating program consistent with the objectives of subsection (a) has not 
been developed, the Secretary shall, after consultation with the 
National Institute of Standards and Technology, develop, not later than 
two years after such determination, test procedures under section 323 of 
the Energy Policy and Conservation Act (42 U.S.C. 6293) for windows and 
window systems.
    ``(2) Not later than one year after the Secretary develops test 
procedures under paragraph (1), the Federal Trade Commission (hereafter 
in this section referred to as the `Commission') shall prescribe 
labeling rules under section 324 of such Act (42 U.S.C. 6294) for those 
windows and window systems for which the Secretary has prescribed test 
procedures under paragraph (1) except that, with respect to any type of 
window or window system (or class thereof), the Secretary may determine 
that such labeling is not technologically feasible or economically 
justified or is not likely to assist consumers in making purchasing 
decisions.
    ``(3) For purposes of sections 323, 324, and 327 of such Act [42 
U.S.C. 6293, 6294, 6297], each product for which the Secretary has 
established test procedures or labeling rules pursuant to this 
subsection shall be considered a new covered product under section 322 
of such Act (42 U.S.C. 6292) to the extent necessary to carry out this 
subsection.
    ``(4) For purposes of section 327(a) of such Act, the term `this 
part' includes this subsection to the extent necessary to carry out this 
subsection.''


      Energy Efficiency Information for Commercial Office Equipment

    Section 125 of Pub. L. 102-486 provided that:
    ``(a) In General.--(1) The Secretary shall, after consulting with 
the Computer and Business Equipment Manufacturers Association and other 
interested organizations, provide financial and technical assistance to 
support a voluntary national testing and information program for those 
types of commercial office equipment that are widely used and for which 
there is a potential for significant energy savings as a result of such 
program.
    ``(2) Such program shall--
        ``(A) consistent with the objectives of paragraph (1), determine 
    the commercial office equipment to be covered under such program;
        ``(B) include specifications for testing procedures that will 
    enable purchasers of such commercial office equipment to make more 
    informed decisions about the energy efficiency and costs of 
    alternative products; and
        ``(C) include information, which may be disseminated through 
    catalogs, trade publications, labels, or other mechanisms, that will 
    allow consumers to assess the energy consumption and potential cost 
    savings of alternative products.
    ``(3) Such program shall be developed by an appropriate organization 
(composed of interested parties) according to commonly accepted 
procedures for the development of national testing procedure and 
labeling programs.
    ``(b) Monitoring.--The Secretary shall monitor and evaluate the 
efforts to develop the program described in subsection (a) and, not 
later than three years after the date of the enactment of this Act [Oct. 
24, 1992], shall make a determination as to whether such program is 
consistent with the objectives of subsection (a).
    ``(c) Alternative System.--(1) If the Secretary makes a 
determination under subsection (b) that a voluntary national testing and 
information program for commercial office equipment consistent with the 
objectives of subsection (a) has not been developed, the Secretary 
shall, after consultation with the National Institute of Standards and 
Technology, develop, not later than two years after such determination, 
test procedures under section 323 of the Energy Policy and Conservation 
Act (42 U.S.C. 6293) for such commercial office equipment.
    ``(2) Not later than one year after the Secretary develops test 
procedures under paragraph (1), the Federal Trade Commission (hereafter 
in this section referred to as the `Commission') shall prescribe 
labeling rules under section 324 of such Act (42 U.S.C. 6294) for 
commercial office equipment for which the Secretary has prescribed test 
procedures under paragraph (1) except that, with respect to any type of 
commercial office equipment (or class thereof), the Secretary may 
determine that such labeling is not technologically feasible or 
economically justified or is not likely to assist consumers in making 
purchasing decisions.
    ``(3) For purposes of sections 323, 324, and 327 of such Act [42 
U.S.C. 6293, 6294, 6297], each product for which the Secretary has 
established test procedures or labeling rules pursuant to this 
subsection shall be considered a new covered product under section 322 
of such Act (42 U.S.C. 6292) to the extent necessary to carry out this 
subsection.
    ``(4) For purposes of section 327(a) of such Act, the term `this 
part' includes this subsection to the extent necessary to carry out this 
subsection.''


              Energy Efficiency Information for Luminaires

    Section 126 of Pub. L. 102-486 provided that:
    ``(a) In General.--(1) The Secretary shall, after consulting with 
the National Electric Manufacturers Association, the American Lighting 
Association, and other interested organizations, provide financial and 
technical assistance to support a voluntary national testing and 
information program for those types of luminaires that are widely used 
and for which there is a potential for significant energy savings as a 
result of such program.
    ``(2) Such program shall--
        ``(A) consistent with the objectives of paragraph (1), determine 
    the luminaires to be covered under such program;
        ``(B) include specifications for testing procedures that will 
    enable purchasers of such luminaires to make more informed decisions 
    about the energy efficiency and costs of alternative products; and
        ``(C) include information, which may be disseminated through 
    catalogs, trade publications, labels, or other mechanisms, that will 
    allow consumers to assess the energy consumption and potential cost 
    savings of alternative products.
    ``(3) Such program shall be developed by an appropriate organization 
(composed of interested parties) according to commonly accepted 
procedures for the development of national testing procedures and 
labeling programs.
    ``(b) Monitoring.--The Secretary shall monitor and evaluate the 
efforts to develop the program described in subsection (a) and, not 
later than three years after the date of the enactment of this Act [Oct. 
24, 1992], shall make a determination as to whether the program 
developed is consistent with the objectives of subsection (a).
    ``(c) Alternative System.--(1) If the Secretary makes a 
determination under subsection (b) that a voluntary national testing and 
information program for luminaires consistent with the objectives of 
subsection (a) has not been developed, the Secretary shall, after 
consultation with the National Institute of Standards and Technology, 
develop, not later than two years after such determination, test 
procedures under section 323 of the Energy Policy and Conservation Act 
(42 U.S.C. 6293) for such luminaires.
    ``(2) Not later than one year after the Secretary develops test 
procedures under paragraph (1), the Federal Trade Commission (hereafter 
in this section referred to as the `Commission') shall prescribe 
labeling rules under section 324 of such Act (42 U.S.C. 6294) for those 
luminaires for which the Secretary has prescribed test procedures under 
paragraph (1) except that, with respect to any type of luminaire (or 
class thereof), the Secretary may determine that such labeling is not 
technologically feasible or economically justified or is not likely to 
assist consumers in making purchasing decisions.
    ``(3) For purposes of sections 323, 324, and 327 of such Act [42 
U.S.C. 6293, 6294, 6297], each product for which the Secretary has 
established test procedures or labeling rules pursuant to this 
subsection shall be considered a new covered product under section 322 
of such Act (42 U.S.C. 6292) to the extent necessary to carry out this 
subsection.
    ``(4) For purposes of section 327(a) of such Act, the term `this 
part' includes this subsection to the extent necessary to carry out this 
subsection.''


    Report on Potential of Cooperative Advanced Appliance Development

    Section 127 of Pub. L. 102-486 provided that:
    ``(a) In General.--Not later than 18 months after the date of the 
enactment of this Act [Oct. 24, 1992], the Secretary shall, in 
consultation with the Administrator of the Environmental Protection 
Agency, utilities, and appliance manufacturers, prepare and submit to 
the Congress, a report on the potential for the development and 
commercialization of appliances which are substantially more efficient 
than required by Federal or State law.
    ``(b) Identification of High-Efficiency Appliances.--The report 
submitted under subsection (a) shall identify candidate high-efficiency 
appliances which meet the following criteria:
        ``(1) The potential exists for substantial improvement in the 
    appliance's energy efficiency, beyond the minimum established in 
    Federal and State law.
        ``(2) There is the potential for significant energy savings at 
    the national or regional level.
        ``(3) Such appliances are likely to be cost-effective for 
    consumers.
        ``(4) Electric, water, or gas utilities are prepared to support 
    and promote the commercialization of such appliances.
        ``(5) Manufacturers are unlikely to undertake development and 
    commercialization of such appliances on their own, or development 
    and production would be substantially accelerated by support to 
    manufacturers.
    ``(c) Recommendations and Proposals.--The report submitted under 
subsection (a) shall also--
        ``(1) describe the general actions the Secretary or the 
    Administrator of the Environmental Protection Agency could take to 
    coordinate and assist utilities and appliance manufacturers in 
    developing and commercializing highly efficient appliances;
        ``(2) describe specific proposals for Department of Energy or 
    Environmental Protection Agency assistance to utilities and 
    appliance manufacturers to promote the development and 
    commercialization of highly efficient appliances;
        ``(3) identify methods by which Federal purchase of highly 
    efficient appliances could assist in the development and 
    commercialization of such appliances; and
        ``(4) identify the funding levels needed to develop and 
    implement a Federal program to assist in the development and 
    commercialization of highly efficient appliances.''


     Evaluation of Utility Early Replacement Programs for Appliances

    Section 128 of Pub. L. 102-486 provided that: ``Within 18 months 
after the date of the enactment of this Act [Oct. 24, 1992], the 
Secretary, in consultation with the Administrator of the Environmental 
Protection Agency, utilities, and appliance manufacturers, shall 
evaluate and report to the Congress on the energy savings and 
environmental benefits of programs which are directed to the early 
replacement of older, less efficient appliances presently in use by 
consumers with existing products which are more efficient than required 
by Federal law. For the purposes of this section, the term `appliance' 
means those consumer products specified in section 322(a) [42 U.S.C. 
6292(a)].''

                  Section Referred to in Other Sections

    This section is referred to in sections 6291, 6293, 6294, 6295, 6317 
of this title.
